We represent clients in a broad variety of industries with respect to mergers, acquisitions, joint ventures and collaborations. We advise on compliance with premerger notification requirements, and counsel and analyze proposed transactions. We represent clients in merger investigations before the US Department of Justice (DOJ), US Federal Trade Commission (FTC), the European Commission, EU national competition authorities, and China's Ministry of Commerce, as well as many other national antitrust authorities. Our group frequently manages multi-jurisdictional filings, as well as advises on the application of national merger control regulations and secures merger control clearances throughout the world.
We provide counseling on all aspects of the Hart-Scott-Rodino (HSR) merger review process in the United States, all aspects of the EU and national merger regimes in Europe, and the developing merger review process in China. Whenever necessary, we represent clients whose filings have triggered substantive antitrust investigations in proceedings before the FTC and DOJ, the European Commission and the national merger authorities of individual EU Member States and applicable Asian countries. We have helped our clients with complex US “second request” merger investigations and complex second phase EU and other European merger investigations, and in litigation with various government regulatory agencies. This work has contributed to our reputation as the “law practice of choice” for companies with complicated antitrust issues or litigation.
A significant part of our work involves advising clients on issues such as distribution restrictions, price discrimination under the Robinson-Patman Act, resale price maintenance and franchising. We actively review legal developments and proposed legislative changes, which is particularly relevant in the EU, and advise clients on the business impact of such changes. Given our strength in competition dispute resolution, we are better able to work with clients to develop and implement antitrust compliance programs, including drafting policies and conducting training programs that help educate client employees regarding business conduct that conforms to the law in our clients' many geographic locations.
We are skilled at integrating antitrust counsel with other essential disciplines. For example, we advise on the regulatory and antitrust implications of a transaction in conjunction with the patent or trademark application issues. Our firm has a great deal of experience helping clients navigate the increasingly complex intersection between antitrust and intellectual property law, both in the US and Europe. One of our lawyers was involved in drafting the 1995 DOJ and FTC Guidelines on the Licensing of Intellectual Property, which also influenced EU antitrust policies.